Higher Education Support Act 2003

S 104-1(1) amended by No 89 of 2023, s 3 and Sch 1 item 11, by omitting " 104-1A, " after " 104-1AA, " , effective 1 January 2024.

S 104-1(1) amended by No 64 of 2022, s 3 and Sch 1 item 4, by substituting " the student meets the *student identifier requirements under subsection (5) " for " the student has a *student identifier immediately before the census date " in para (ga), effective 30 November 2022 and applicable in relation to determining entitlement to FEE-HELP assistance for units of study with a census date that is on or after 30 November 2022.

S 104-1(1) amended by No 93 of 2020, s 3 and Sch 4 items 24 and 25, by substituting " 104-1AA, 104-1A " for " 104-1A " and repealing para (ab), applicable in relation to any unit of study with a census date that is on or after 1 January 2021 (whether the unit of study is part of a course of study commenced before, on or after that day). Para (ab) formerly read:

(ab) the student is a *genuine student; and

S 104-1(1) amended by No 62 of 2020, s 3 and Sch 1 item 2, by inserting para (ga), effective 1 January 2021. For application provisions, see note under s 36-10(1) .

S 104-1(1) amended by No 76 of 2018, s 3 and Sch 3 item 7, by substituting " *HELP balance " for " *FEE-HELP balance " in para (b), effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading.

S 104-1(1) amended by No 83 of 2017, s 3 and Sch 3 items 22 and 23, by inserting " 104-1A, " and para (ab) and (ac), applicable in relation to a unit of study if:

(a) the unit of study is undertaken as part of a course of study; and

(b) the student enrolled in the course of study on or after 1 January 2018; and

(c) the unit of study has a census date that occurs on or after 1 January 2018; and

(d) the unit is provided by a higher education provider approved under section 16-25 , whether approved before or after 17 August 2017.

No 93 of 2020, s 3 and Sch 4 item 1 provides that this amendment is applicable in relation to a unit of study if:

(a) the unit of study is undertaken as part of a course of study; and

(b) the student enrolled in the course of study on or after 1 January 2021; and

(c) the unit of study has a census date that occurs on or after 1 January 2021; and

(d) the unit is provided by a higher education provider taken to be approved under section 16-5 , whether taken to be approved before, on or after 1 January 2021.

S 104-1(1) amended by No 178 of 2011, s 3 and Sch 4 item 4, by inserting " this section and " , applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s 36-15(1A) .

S 104-1(1A) repealed by No 93 of 2020, s 3 and Sch 4 item 24, applicable in relation to any unit of study with a census date that is on or after 1 January 2021 (whether the unit of study is part of a course of study commenced before, on or after that day). S 104-1(1A) formerly read:

104-1(1A)
In determining whether a student is a *genuine student, regard may be had to the matters (if any) specified in the Higher Education Provider Guidelines.

S 104-1(1A) inserted by No 83 of 2017, s 3 and Sch 3 item 24, applicable in relation to a unit of study if:

(a) the unit of study is undertaken as part of a course of study; and

(b) the student enrolled in the course of study on or after 1 January 2018; and

(c) the unit of study has a census date that occurs on or after 1 January 2018; and

(d) the unit is provided by a higher education provider approved under section 16-25 , whether approved before or after 17 August 2017.

No 93 of 2020, s 3 and Sch 4 item 1 provides that this amendment is applicable in relation to a unit of study if:

(a) the unit of study is undertaken as part of a course of study; and

(b) the student enrolled in the course of study on or after 1 January 2021; and

(c) the unit of study has a census date that occurs on or after 1 January 2021; and

(d) the unit is provided by a higher education provider taken to be approved under section 16-5 , whether taken to be approved before, on or after 1 January 2021.

S 104-1(1AA) inserted by No 93 of 2020, s 3 and Sch 4 item 26, applicable in relation to any unit of study with a census date that is on or after 1 January 2021 (whether the unit of study is part of a course of study commenced before, on or after that day).

S 104-1(1AB) inserted by No 93 of 2020, s 3 and Sch 4 item 26, applicable in relation to any unit of study with a census date that is on or after 1 January 2021 (whether the unit of study is part of a course of study commenced before, on or after that day).

S 104-1(1AC) inserted by No 93 of 2020, s 3 and Sch 4 item 26, applicable in relation to any unit of study with a census date that is on or after 1 January 2021 (whether the unit of study is part of a course of study commenced before, on or after that day).

S 104-1(1B) inserted by No 83 of 2017, s 3 and Sch 3 item 24, applicable in relation to a unit of study if:

(a) the unit of study is undertaken as part of a course of study; and

(b) the student enrolled in the course of study on or after 1 January 2018; and

(c) the unit of study has a census date that occurs on or after 1 January 2018; and

(d) the unit is provided by a higher education provider approved under section 16-25 , whether approved before or after 17 August 2017.

No 93 of 2020, s 3 and Sch 4 item 1 provides that this amendment is applicable in relation to a unit of study if:

(a) the unit of study is undertaken as part of a course of study; and

(b) the student enrolled in the course of study on or after 1 January 2021; and

(c) the unit of study has a census date that occurs on or after 1 January 2021; and

(d) the unit is provided by a higher education provider taken to be approved under section 16-5 , whether taken to be approved before, on or after 1 January 2021.

S 104-1(2) inserted by No 178 of 2011, s 3 and Sch 4 item 5, applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s 36-15(1A) .

S 104-1(3) inserted by No 83 of 2017, s 3 and Sch 3 item 25, applicable in relation to a unit of study if:

(a) the unit of study is undertaken as part of a course of study; and

(b) the student enrolled in the course of study on or after 1 January 2018; and

(c) the unit of study has a census date that occurs on or after 1 January 2018; and

(d) the unit is provided by a higher education provider approved under section 16-25 , whether approved before or after 17 August 2017.

No 93 of 2020, s 3 and Sch 4 item 1 provides that this amendment is applicable in relation to a unit of study if:

(a) the unit of study is undertaken as part of a course of study; and

(b) the student enrolled in the course of study on or after 1 January 2021; and

(c) the unit of study has a census date that occurs on or after 1 January 2021; and

(d) the unit is provided by a higher education provider taken to be approved under section 16-5 , whether taken to be approved before, on or after 1 January 2021.

S 104-1(4) inserted by No 83 of 2017, s 3 and Sch 3 item 25, applicable in relation to a unit of study if:

(a) the unit of study is undertaken as part of a course of study; and

(b) the student enrolled in the course of study on or after 1 January 2018; and

(c) the unit of study has a census date that occurs on or after 1 January 2018; and

(d) the unit is provided by a higher education provider approved under section 16-25 , whether approved before or after 17 August 2017.

No 93 of 2020, s 3 and Sch 4 item 1 provides that this amendment is applicable in relation to a unit of study if:

(a) the unit of study is undertaken as part of a course of study; and

(b) the student enrolled in the course of study on or after 1 January 2021; and

(c) the unit of study has a census date that occurs on or after 1 January 2021; and

(d) the unit is provided by a higher education provider taken to be approved under section 16-5 , whether taken to be approved before, on or after 1 January 2021.

S 104-1(5) inserted by No 64 of 2022, s 3 and Sch 1 item 5, effective 30 November 2022 and applicable in relation to determining entitlement to FEE-HELP assistance for units of study with a census date that is on or after 30 November 2022.

S 104-1(6) inserted by No 64 of 2022, s 3 and Sch 1 item 5, effective 30 November 2022 and applicable in relation to determining entitlement to FEE-HELP assistance for units of study with a census date that is on or after 30 November 2022.